SANKAPPA KOTIYAN S/O KRISHNAPPA POOJARY Vs. THE HEAD QUARTERS ASST TO THE DY. COMMISSIONER DK DISTRICT AND AUTHOREED OFFICER MANGALORE AND SRI NARASU SHETTY MAJOR, R/A HOSAMANE AIKALA VILLAGE AND POST BANGALORE TALUK, D.K.

JUDGEMENT

(1.) THE petitioner claims to be a tenant in respect of Sy, No. 77/l measuring 2.50 cents and Sy. No. 78/2A measuring 1 acre of Aikab Village, Manglore Taluk. It is his claim that he was a (sic) under one Thamppamia Shetty and Aohatnna Shetty of Hoaamane family, It in the case of the petitioner that after the death of his father, he makes an application in Form No. 7 for grant of occupancy rights in his favor and in favor of his brothers. The said application it appears has been granted in part in as much as the occupancy rights has been granted in respect of few lands and rejected in respect of remaining lands.

(2.) THE learned Counsel for petitioner submits that the said order has attained finality. The petitioner claims that he could not make an application in respect of petition lands, by oversight, not withstanding the fact that he had been cultivating the land for over a period of 5 decades. Hence, he makes an application under Section 77 -A of the Act. The competent authority having regard to the paucity of material was of the view that the petitioner has not established that he was cultivating the land as a tenant. This order by the competent authority was passed on 8.4.2002.

(3.) THE learned Counsel for petitioner submits that the delay in filing the appeal before the Tribunal as well as before this Court was not deliberate but, however due to the fact that there was some communication gap between the petitioner and his Counsel.